This guide is intended to help you understand the proper steps to take if you think you might be the victim of medical malpractice in Ohio. If you still have questions please contact our office today for a free case review.
Coined by the National Medical Malpractice Advocacy (NMMAA), July is Medical Malpractice Awareness Month. The main goal each year is to bring awareness to medical mistakes because they affect thousands of people each year. The Journal of Patient Safety estimates between 210,000 – 440,000 people die each year as a result from these kinds of mistakes.
The NMMAA believes, “This month provides an excellent opportunity for our Organization to demonstrate its support in ending negligent acts of harm and endangerment and to support the numerous victims and their families who have lost loved ones by medical negligence. Moreover, it is a great opportunity to educate the public on the seriousness of medical negligence and the struggle for justice for those who have no voice.”
What is Medical Malpractice?
Definition: “Medical malpractice refers to professional negligence by a health care provider or professional in which treatment provided was substandard, and caused harm, injury or death to a patient.”
NPR reported that medical errors are the third leading cause of death in America, only behind cancer and heart disease rates.
Where Does Ohio Stand in Medical Malpractice Claims?
Each year Diedrich Healthcare releases a medical malpractice payout analysis. For 2016, Ohio’s total payout amount for medical malpractice claims totaled $88,787,000, and is a 31.64 percent increase from the state’s payout amount in 2014. However, overall filings of medical malpractice cases are at an all time low.
Nationally, misdiagnosis allegations accounted for 31 percent of payment amounts given. Additionally, 30 percent of claims were from medical mistakes that resulted in death.
What Claims Fall Under Medical Malpractice?
Medical malpractice comes in many different forms, and our attorneys at Tittle & Perlmuter are experienced in cases involving:
- Physician negligence
- Medication and prescription errors
- Nursing negligence
- Surgical errors
- Hospital negligence
- Anesthesia malpractice
- Birth injuries
- Retained surgical items
- Emergency room errors
- Radiology errors
- Failure to diagnose cancer
- Inadequate staffing, training, or supervision of staff
These claims are brought against doctors, nurses, midwives, therapists, chiropractors, hospitals, clinics and also other medical providers.
How to Know if You Qualify for a Medical Malpractice Claim
To have a medical malpractice case, your claim must include and prove the following:
- There was a violation of standard care:
- There are medical standards. If your healthcare provider did not adhere to these guidelines then there is a violation.
- You have an injury due to negligence:
- You have to prove that you sustained an injury directly as a result of negligence. In addition, you must show this injury would not have occurred if neglect didn’t happen.
- Your injury also resulted in significant damages, which include:
- Loss of income
- Unusual pain
- Suffering and hardship
- Significant past and future medical bills
Additionally, individuals must obtain an affidavit by a qualified physician. An affidavit states that the doctors in the lawsuit were negligent and caused injury. Furthermore, a medical malpractice lawsuit must be filed within one year.
Take Action Today
If you meet the requirements for a medical malpractice claim, contact our experienced medical malpractice attorneys at Tittle & Perlmuter today. Call us at 216-308-1522 for a free review of your claim.